New Powers Enable Civil Sanctions for Environmental Offences

New legislation: The Environmental Civil Sanctions (England) Order 2010; The Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010
Who does this affect: England
When does this take effect: 06 April 2010

Under new legislation, regulators (currently the Environment Agency and Natural England) now have the power to impose civil sanctions for a range of environmental offences.

The Order sets out the basis on which civil sanctions may be used. It also sets out

the civil sanctions which are available for offences under specific Acts of Parliament such as the Environment Act 1995 and Environmental Protection Act 1990.

Similarly, the Regulations set out the civil sanctions which are available for offences under specific pieces of secondary legislation such as the Control of Pollution (Oil Storage) (England) Regulations 2001 and the Hazardous Waste (England and Wales) Regulations 2005.

The full text of the Order can be found here.

The full text of the Regulations can be found here.

Changes made to WEEE Regulations

New legislation: The Waste Electrical and Electronic Equipment (Amendment) Regulations 2010
Amended legislation: The Waste Electrical and Electronic Equipment Regulations 2006
Who does this affect: UK and the Republic of Ireland

In the UK, minor amendments have been made to the WEEE Regulations in order to transpose amendments to the European WEEE Directive made by Council Directive 2008/112/EC. The changes include:

• As of 1 June 2010, amending the definition of “dangerous substance or preparation” so that it instead refers to “dangerous substance or mixture”;
• As of 1 December 2010 removing from the new definition substances or mixtures which are to be considered dangerous under Council Directive 67/548/EEC and adding to it any substance which fulfils the criteria for certain stated hazard classes or categories in Annex I of Regulation (EC) No 1272/2008, and
•  As of 1 June 2015 removing from the definition any mixture which has to be considered dangerous under Council Directive 1999/45/EC

Similar provisions have been enacted in the Republic of Ireland by the Waste Management (Waste Electrical And Electronic Equipment) (Amendment) Regulations 2010 which amend the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005

The full text of the UK Regulations can be found here.

The full text of the RoI Regulations can be found here.

Framework for Northern Ireland Environment Agency Charging Scheme for EU ETS

New legislation: The Greenhouse Gas Emissions Trading Scheme Charging Scheme Regulations (Northern Ireland) 2010
Who does this affect: Northern Ireland - Organisations participating in the EU Emissions Trading Scheme
When does this take effect: 07 May 2010

Regulations have been put in place to provide the framework for a charging scheme to enable the Northern Ireland Environment Agency to recover its costs for regulating the EU Emissions Trading Scheme.

Under a scheme made by the Regulations, the purposes for which fees and charges are payable in respect of greenhouse gas emissions permits include:

• application for a permit;
• application for the variation, transfer, surrender or revocation of a permit;
• subsistence of a permit or a registry account;
• an application for the allocation of allowances;
• an application for the retention of allowances by an operator ceasing to carry on an activity to which they relate.

The full text of the Regulations can be found here.

Solvent Emissions Regulations Amended in Northern Ireland

New legislation: The Solvent Emissions (Amendment) Regulations (Northern Ireland) 2010
Amended legislation: Solvent Emissions Regulations (Northern Ireland) 2004
Who does this affect: Northern Ireland - Manufacturers and users of solvents
When does this take effect: 01 June 2010

The Regulations controlling solvent emissions in Northern Ireland have seen amendments which make changes to several definitions and insert new ones, update references to the Solvent Emissions Directive and also updates terminology to reflect the changes brought in by the European Classification, Labelling and Packaging of substances and mixtures Regulation which implements the United Nations Globally Harmonised System of Classification and Labelling of Chemicals (GHS).

The full text of the Regulations can be found here.

Biocidal Products Transitional Provisions Extended in Northern Ireland

New legislation: The Biocidal Products (Amendment) Regulations (Northern Ireland) 2010
Amended legislation: The Biocidal Products Regulations (Northern Ireland) 2001
Who does this affect: Northern Ireland - Manufacturers of biocidal products or active substances for use in biocidal products
When does this take effect: 19 May 2010

The end date of the transitional provisions in the Biocidal Products Regulations (Northern Ireland) 2001 has been extended from 14 May 2010 to 14 May 2014. The transitional provisions allow existing biocidal products to remain on the market in Northern Ireland (subject to existing national legislation) while the active substances contained in them are reviewed at European level for safety and efficacy.

The full text of the Regulations can be found here.

Revised Regulations for Carriage of Dangerous Goods in Northern Ireland

New legislation: The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010
Amended legislation: The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006
Who does this affect: Northern Ireland - Carriers of dangerous goods
When does this take effect: 19 May 2010

The Regulations for controlling the carriage of dangerous goods by road and rail in Northern Ireland have been changed making a number of clarifications and relaxations. Replacing the 2006 Regulations, the new Regulations also regulate the carriage of dangerous goods by inland waterway in relation to the training, examining, and issuing of vocational training certificates to safety advisers.

The full text of the Regulations can be found here.

Changes to the Renewables Obligation

New legislation: The Renewables Obligation (Scotland) Amendment Order 2010
Amended legislation: Renewables Obligation (Scotland) Order 2009
Who does this affect: Scotland - Licensed electricity suppliers and renewable electricity generators
When does this take effect: 01 April 2010

As reported on in last month’s InTouch, The Renewables Obligation (Scotland) Amendment Order 2010 has been published, amending the Renewables Obligation (RO) for Scotland.

The amendments increase the end date of the RO by ten years to 2037, removed the 20% cap on the obligation, increased the headroom from 8% to 10% from 2011 and increased support for certain types of offshore wind generation.

The Regulations also take into account the introduction of the Feed-in Tariff (FIT) Scheme  by removing all microgeneration technologies that are eligible for the FIT Scheme from the RO, while certain small generators will able to choose between the RO and the FIT.

The full text of the Regulations can be found here.

Changes to End-of-Life Vehicles Regulations in Ireland

New legislation: The Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010
Amended legislation: The Waste Management (End-of-Life Vehicles) Regulations 2006
Who does this affect: Republic of Ireland
When does this take effect: 10 April 2010

These Regulations update the definition of hazardous substances to reflect the changes brought in by the European Classification, Labelling and Packaging of substances and mixtures Regulation which implements the United Nations Globally Harmonised System of Classification and Labelling of Chemicals (GHS).

The Regulations also clarify that the obligations on producers also apply to persons involved in the sale, supply or use in the State of materials and components in respect of specified vehicles.

The full text of the Regulations can be found here.

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